What is the ruling on the father's right to reclaim the Mahr if he paid it on behalf of the son before a divorce prior to consummation?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the father paid the Mahr before the divorce prior to consummation, half of that payment reverts to the son. The father does not have the right to reclaim it in the manner of revoking a gift (hibah). This is because the son acquired ownership of that half through the divorce, resembling a situation where the father gifts something to a non-relative (ajnabi), and that non-relative subsequently gifts it to the son.
Supporting text
Alternatively, it is held that the father does have the right to reclaim it because his payment was a voluntary act (tabarru') on behalf of his son, and ownership does not fully settle until the son reclaims it.